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Academic

Legal Profession Blog

Cover legal ethics, bar discipline, business practice, the tension between the bar and the academy, ethical theory, and comparative legal professions.
By Alan Childress, Mike Frisch, and Jeff Lipshaw

Post Frequency: 40.8/day

Last Entry: April 01, 2011 at 14:56:26

Pat Robertson : Religion :: Andy Fastow : Corporate Governance

Posted on January 15, 2010
Posted by Jeff Lipshaw Having written a law review article that wonders if a financial catastrophe bears any relationship to a natural catastrophe like an earthquake, I'm just agog when I listen to modern "theologues" like Pat Robertson mouth sentiments...

Need to Resubmit Emory Transactional Conference Proposals

Posted on January 15, 2010
This from Tina Stark at Emory: Hello everyone. Emory's technical staff informs me that there was a problem with the Call for Proposals online submission process. As a result, any proposal that was previously submitted has not been received. The...

I'll Take Manhattan

Posted on January 14, 2010
An attorney convicted of criminal offenses was disbarred by the New York Appellate Division for the Third Judicial Department: Considering the serious criminal conduct underlying respondent's convictions, which included his involvement in and profiting from a high-priced Manhattan escort-prostitution ring,...

Clean, Sober And Ready To Practice Law

Posted on January 14, 2010
An Arizona hearing officer has "without reservation" recommended the immediate reinstatement of an attorney who had been suspended for one year. The attorney had represented a defendant at a criminal trial while under the influence of cocaine and had lied...

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The Answer Is "Maybe"

Posted on January 14, 2010
The Massachusetts Committee on Judicial Ethics has recently opined on the propriety of a judge allowing a local foundation to pay for two nights lodging at a drug court conference. The committee concludes: In sum, you [the inquiring judge] should...

Solicitation Regulation Upheld

Posted on January 14, 2010
The District of Columbia Court of Appeals affirmed the grant of summary judgment against an attorney-plaintiff who had challenged an act adopted by the City Council that made it unlawful for professionals (including lawyers) to solicit business within 21 days...

What You Have To Do To Get Disbarred Around Here

Posted on January 14, 2010
In a 2-1 per curiam opinion, the District of Columbia Court of Appeals ordered the disbarment of an attorney who had submitted a fraudulent voucher for payment in a court-appointed criminal matter and testified falsely in the ensuing bar discipline...

The Saga Continues

Posted on January 14, 2010
The Illinois Review Board has rejected the Adminstrator's call for disbarment in the much -publicized case involving Loren Friedman. Rather, the board proposes an 18 month suspension with fitness. The board found the following facts: Respondent attended medical school at...

Emory Transactional Skills Conference - Reminder Notice!

Posted on January 13, 2010
Emory University School of Law?s Center for Transactional Law and Practice is delighted to announce its second biennial conference on the teaching of transactional law and skills, Transactional Education: What?s Next? The conference will be held at Emory Law on...

ALI-ABA Offers Legal Ethics CLE via Web or Phone on Jan. 20, 2010

Posted on January 13, 2010
It's next Wednesday (January 20) at 1:00-2:00 eastern, and presented by two leading writers on law practice and ethics, Daniel Capra and Gregory Joseph. The subject is attorney-client and work-product privilege and new Rule 502 of the Federal Rules of...

Discovery Denied In Hearing Over Bar Exam Failure

Posted on January 13, 2010
An applicant who had failed the February 2008 bar examination requested information from the North Dakota Board of Law Examiners for a hearing concerning the non-admission recommendation. The North Dakota Supreme Court agreed with the district court that the information...

Out Of The Fryn' Pan

Posted on January 13, 2010
The North Dakota Supreme Court imposed a 60 day suspension of an attorney for lack of diligence and failure to communicate with a divorce client. The attorney was in the process of closing her practice when the client contacted her...

No Need For Complete Record

Posted on January 13, 2010
The Oklahoma Supreme Court accepted the resignation of an attorney who was subject to disciplinary charges as a result of a conviction for possession of obscene material. The court described the procedural posture of the matter at the time of...

A "High Functioning" Cocaine User

Posted on January 13, 2010
The Massachusetts Supreme Judicial Court has imposed indefinite suspension rather than disbarment in a case involving misappropriation. Bar Counsel had sought disbarment. The court recounted the facts: Before [the attorney] was admitted to the Massachusetts bar in 1992, he had...

Consitutional Challenge Leads To Suspension

Posted on January 13, 2010
A Nashville attorney has been suspended for 30 days, according to a recent post on the web page of the Tennessee Board of Professional Responsiblity. The post does not describe the misconduct found with any particularity but states that the...

Former Speaker Disbarred

Posted on January 12, 2010
The Massachusetts Supreme Judicial Court has remanded a disciplinary matter to a single justice for entry of an order of disbarment against a former Speaker of the House who had served in that capacity from 1996 to 2005. He had...

Fen Phen Fraud Permanent Disbarment Recommended

Posted on January 11, 2010
A Louisiana hearing committee recently recommended permanent disbarment of an attorney convicted of conspiracy and fraud for his involvement in fling fraudelent claims to compensate Fen Phen victims. The attorney was the head of his law firm's mass torts section...

New Montana Rules Proposed

Posted on January 11, 2010
The Montana Supreme Court has issued an order setting a 90-day period for comments on a petition filed by the State Bar Board of Trustees and the Ethics Committee to revise and amend three rules that deal with attorney advertising...

Bar Counsel Professionalism Report Now Available

Posted on January 11, 2010
The National Organization of Bar Counsel (NOBC) has drafted a professionalism report for consideration by law schools. The report may be found through this link. The conclusion: It is time for law school accreditation standards to require law schools to...

Lawyer Witness Disqualified

Posted on January 11, 2010
The New York Appellate Division for the First Judicial Department affirmed a trial court decision to disqualify defense counsel in civil litigation under the "lawyer witness" rule: Rule 3.7 of the Rules of Professional Conduct (22 NYCRR 1200.29) provides that...

When You Assume...

Posted on January 11, 2010
A person injured in a motor vehicle accident received a policy limits payment from the responsible tortfeasor. He then sought additional payment from his insurance company. The attorney who had handled the claim against the tortfeasor referred the person to...

Immediate Suspension

Posted on January 11, 2010
The New York Appellate Division ordered the immediate suspension of an attorney based on the following findings of fact: In June 2008, the Committee received a complaint against respondent from a former client. She alleged that she never received her...

Removed Judge May Be Disciplined

Posted on January 11, 2010
A judge of the civil district court for Orleans Parish who had solicited campaign contributions and required his court staff to assist his campaign on threat of job loss was disbarred retroactive to his interim suspension by the Louisiana Supreme...

Stealing From The Pros

Posted on January 08, 2010
The Louisiana Hearing Committee has accepted a concession by an attorney accused of misconduct and recommended permanent disbarment. Among the conceded charges are multiple failures to account and personal use of for the proceeds of workers compensation awards made to...

That's Incredible

Posted on January 08, 2010
A Louisiana Hearing Committee recommends disbarment of an attorney for found to have engaged in a variety of unethical acts. A client who was cooperating with authorities gave information that led to a search of the lawyer's offices and seizure...

Claims Against Law Firm Dismissed

Posted on January 08, 2010
The dismissal of claims brought against a law firm was ordered by the New York Appellate Division for the First Judicial Department: This case involves professional services surrounding the design and implementation of a tax driven, sophisticated, individual private pension...

Enough For Interim Suspension

Posted on January 08, 2010
The New York Appellate Division for the First Judicial Department has ordered the interim suspension of an attorney who, at the time of alleged misconduct, was a staff attorney with the Corporation Counsel. The allegation do not relate to his...

Insufficent Atonement

Posted on January 07, 2010
The Wisconsin Supreme Court has denied the reinstatement petition of an attorney convicted in 1992 of first-degree sexual assault as a result of sexual intercourse with his 11-year-old stepdaughter. He consented to revocation of his license. In 1997, while an...

Dishonest By Omission

Posted on January 07, 2010
Perhaps the most famous name in the history of Illinois bar discipline belongs to James Himmel, who was suspended for failure to report the misconduct of the client's prior counsel. His second brush with professional discipline has none of the...

The Benefit Of Hindsight

Posted on January 07, 2010
A very interesting bar discipline matter from Arizona has resulted in a hearing officer recommendation for dismissal of all charges. The accused lawyer represented a criminal defendant in a trial with a co-defendant. The lawyer's client had completed his direct...

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